HomeMy WebLinkAboutLL #01 2015Southold Town Board - Letter
Board Meeting of March 10, 2015
RESOLUTION 2015-224
ADOPTED
Item # 5.35
DOC ID: 10603
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-224 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 10, 2015:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 10th day of February 2015, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility
Requirements for Certain Town Offices" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, and now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and Employees,
in connection with Eligibility Requirements for Certain Town Offices" reads as follows:
LOCAL LAW NO. 1 2015
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and
Employees, in connection with Eligibility Requirements for Certain Town Offices".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to
expand the pool of qualified candidates for certain Town offices.
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
442-9. Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law 410(1)(ii)(a)(1) and is intended to
supersede Town Law &23(1) and Public Officer's Law §31) relating to the qualification of
Town officers.
442-10. Eligibility Requirements for Town Attorney.
Generated March 16, 2015 Page 9
Southold Town Board - Letter
Board Meeting of March 10, 2015
The Town Attorney of the Town of Southold shall, at the time of his or her appointment and
throughout his or her term of office, be an elector and resident of the County of Suffolk.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
aias4O,2?�
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell
NAYS: Robert Ghosio
Generated March 16, 2015 Page 10
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE C0%'MFRCE PLAZA
Oq VV�SHJNGTON AVENUE
A i-. jj'. NY 12231-0001
iTA","Pl.DOS.NY.GOV
March 24, 2015
Lynda M Rudder
Deputy Town Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold NY 11971
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CESAP, A. PERALES
.IECPFT: Rl ,F Sr,i T�
RECEIVED
MAR 3 1 2015
Southold Town Clerk
RE: Town of Southold, Local Law 1 &2 2015, filed on March 24, 2015
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEWYORK Department
STATE OF
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1 NI{I{1111111
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SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 24, 2015
7:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville
Assistant Town Attorney Stephen Kiely
Absent: Councilwoman Jill Doherty
This hearing was opened at 7:57 PM
COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 10th day of February 2015, a Local Law
entitled "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in
connection with Eligibility Requirements for Certain Town Offices" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the
24th day of February, 2015, at 7:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42,
Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices"
reads as follows:
LOCAL LAW NO. 2015
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and
Employees, in connection with Eligibility Requirements for Certain Town Offices".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose
Amendments to Chapter 42 page 2
February 24, 2015
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to
expand the pool of qualified candidates for certain Town offices.
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
442.9. Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law §0(1)(ii)(a)(1) and is intended to
supersede Town Law §23(1) and Public Officer's Law §3(l) relatingto o the qualification of
Town officers.
§42.10. Eligibility Requirements for Certain Town Officers.
Every officer of the Town of Southold, except elective officers, shall, at the time of his or her
appointment and throughout his or her term of office, be an elector and resident of the County of
Suffolk. For the purposes of this Article, the term "officer" shall not be construed to include
appointed members of Town administrative boards.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I do have here a notice from the Suffolk Times on February 19`" showing the notice of this public
hearing. I also have a notarized affidavit to that effect. And that is it.
SUPERVISOR RUSSELL: I would invite anybody who would like to address the Town Board
on this local law to please feel free.
BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. Not enough people in the
Town of Southold looking for work I guess. It seems very abstract, officers except for elected
officers, what, you know, the, this Town Board is here to do the public business and the public
has a right I think, is the need to know what the thinking behind these ideas are. Was there a
particular office that it was difficult to find a candidate for?
SUPERVISOR RUSSELL: It is not a question of difficulty, it is a question of expanding our
search to cast as wide a net as possible. I think it is certainly appropriate for a Town Board to
look as far as we can for candidates. As you know, we are trying to fill the position of Martin
Finnegan who has moved on to greener pastures and we posed the local law in case we need to
expand our search beyond our borders. We, as a Board, believe that local candidates should
have preference but that's not the same as exclusivity.
Amendments to Chapter 42 page 3
February 24, 2015
MR. SCHWARTZ: I am sorry I missed the meeting the other day, the work session at which the
new Justice Court director presented a summary of how she has been doing there in the Justice
Court. I don't know how long she has been there but she doesn't live in Southold Town, does
she? But there was no problem appointing her?
SUPERVISOR RUSSELL: It's a civil service position, Benja. It's regulated by civil service, we
are required to hire someone either who is on the list and reachable on the civil service list for
the test or someone who is already serving in that capacity.
MR. SCHWARTZ: I am just trying to understand, this is implying...
SUPERVISOR RUSSELL: Town officers are not a competitive class positions, classified by
civil service. There is no civil service position, Town Attorney, things like that are discretionary
by Boards.
MR. SCHWARTZ: Okay, so this applies to non -elected, non -civil service positions. It didn't
say that but I am trying to understand it. I spoke last week but it wasn't at the public hearing so I
think it probably bears repeating the comments that were made on this last week that maybe
should be considered in connection with this proposed legislation and I didn't get any sense of
how the Board felt about possibly inserting some language of expressing a preference for local
people. You know, personally I think that this law is not a bad idea but that in connection with
this, this law is a, it is a bad idea if it is not implemented appropriately and if there are not other
measures taken to stem the brain drain that has been occurring. And you know, we need smart
people, we need competent people in our local government. And if we can't find them in our
local area maybe we need to look other places but also, maybe we need to look towards
developing people for the future to help operate our local government and the local interest with
local people. I think there are a lot of ways to do that but I don't see much happening. But does
that make any sense...
SUPERVISOR RUSSELL: Sure. Absolutely.
MR. SCHWARTZ: That an express stated preference for local people...
SUPERVISOR RUSSELL: It doesn't need to be in the body of the proposed local law, a stated
preference for locals, that would be at the discretion of this Board or any future Board.
MR. SCHWARTZ: Couldn't that be put in the whereas clause or somewhere in the, you know,
the law is not just cut and dry, it's....
SUPERVISOR RUSSELL: It would not enhance the local law at all. Local preference, it's the
right of any Board to insist on a local preference. I don't think you need to put it in the body of
the proposed code. I don't think it serves any purpose. It's adding words for words sake.
Amendments to Chapter 42 page 4
February 24, 2015
MR. SCHWARTZ: I think it was Councilman Ruland this morning that said just because you
can do something doesn't mean you should but to say that, you know, you should consider the
local...
SUPERVISOR RUSSELL: Well, it is a good proposal then. We will take it under advisement.
MR. SCHWARTZ: I think would do a whole lot to negate any potential negative consequences
of this law.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on
this particular local law?
COUNCILMAN RULAND: I would like to leave the hearing open for two weeks in case
anyone would like to send us comment either electronically or any way, shape or form, having
seen this on channel 22. I don't think we are in a rush.
This hearing was recessed at 8:04 PM. Hearing was left open to receive further public comment
for two (2) weeks.
This hearing was closed March 10, 2015.
6� . r?..&
C�.(�.
Eliz eth A. Neville
Southold Town Clerk
Southold Town Board - Letter
Board Meeting of February 24, 2015
RESOLUTION 2015-224
WITHDRAWN
Item # 5.33
DOC ID: 10603
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-224 WAS
WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 24,2015:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 10th day of February 2015, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility
Requirements for Certain Town Offices" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the
24th day of February, 2015, at 7:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42,
Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices"
reads as follows:
LOCAL LAW NO. 2015
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and
Employees, in connection with Eligibility Requirements for Certain Town Offices".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to
expand the pool of qualified candidates for certain Town offices.
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
442-9 Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1) and is intended to
supersede Town Law §23(1) and Public Officer's Law &3(1) relating to the qualification of
Town officers.
Generated February 27, 2015 Page 44
Southold Town Board - Letter Board Meeting of February 24, 2015
X42-10. Eligibility Requirements for Certain Town Officers.
Every officer of the Town of Southold, except elective officers, shall, at the time of his or her
appointment and throughout his or her term of office, be an elector and resident of the County of
Suffolk. For the purposes of this Article, the term "officer" shall not be construed to include
appointed members of Town administrative boards.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: NO ACTION
Generated February 27, 2015 Page 45
SOUTHOLD TOWN BOARD
PUBLIC HEARING
February 24, 2015
7:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville
Assistant Town Attorney Stephen Kiely
This hearing was opened at 7:57 PM
COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 10th day of February 2015, a Local Law
entitled "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in
connection with Eligibility Requirements for Certain Town Offices" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the
24th day of February, 2015, at 7:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42,
Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices"
reads as follows:
LOCAL LAW NO. 2015
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and
Employees, in connection with Eligibility Requirements for Certain Town Offices".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to
expand the pool of qualified candidates for certain Town offices.
Amendments to Chapter 42 page 2
February 24, 2015
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
X42.9. Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1) and is intended to
supersede Town Law §23(1) and Public Officer's Law §3(1) relatingto the qualification of
Town officers.
X42.10. Eligibility Requirements for Certain Town Officers.
Every officer of the Town of Southold, except elective officers, shall, at the time of his or her
appointment and throughout his or her term of office, be an elector and resident of the County of
Suffolk. For the purposes of this Article, the term "officer" shall not be construed to include
appointed members of Town administrative boards.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I do have here a notice from the Suffolk Times on February 19`" showing the notice of this public
hearing. I also have a notarized affidavit to that effect. And that is it.
SUPERVISOR RUSSELL: I would invite anybody who would like to address the Town Board
on this local law to please feel free.
BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. Not enough people in the
Town of Southold looking for work I guess. It seems very abstract, officers except for elected
officers, what, you know, the, this Town Board is here to do the public business and the public
has a right I think, is the need to know what the thinking behind these ideas are. Was there a
particular office that it was difficult to find a candidate for?
SUPERVISOR RUSSELL: It is not a question of difficulty, it is a question of expanding our
search to cast as wide a net as possible. I think it is certainly appropriate for a Town Board to
look as far as we can for candidates. As you know, we are trying to fill the position of Martin
Finnegan who has moved on to greener pastures and we posed the local law in case we need to
expand our search beyond our borders. We, as a Board, believe that local candidates should
have preference but that's not the same as exclusivity.
MR. SCHWARTZ: I am sorry I missed the meeting the other day, the work session at which the
new Justice Court director presented a summary of how she has been doing there in the Justice
Amendments to Chapter 42 page 3
February 24, 2015
Court. I don't know how long she has been there but she doesn't live in Southold Town, does
she? But there was no problem appointing her?
SUPERVISOR RUSSELL: It's a civil service position, Benja. It's regulated by civil service, we
are required to hire someone either who is on the list and reachable on the civil service list for
the test or someone who is already serving in that capacity.
MR. SCHWARTZ: I am just trying to understand, this is implying...
SUPERVISOR RUSSELL: Town officers are not a competitive class positions, classified by
civil service. There is no civil service position, Town Attorney, things like that are discretionary
by Boards.
MR. SCHWARTZ: Okay, so this applies to non -elected, non -civil service positions. It didn't
say that but I am trying to understand it. I spoke last week but it wasn't at the public hearing so I
think it probably bears repeating the comments that were made on this last week that maybe
should be considered in connection with this proposed legislation and I didn't get any sense of
how the Board felt about possibly inserting some language of expressing a preference for local
people. You know, personally I think that this law is not a bad idea but that in connection with
this, this law is a, it is a bad idea if it is not implemented appropriately and if there are not other
measures taken to stem the brain drain that has been occurring. And you know, we need smart
people, we need competent people in our local government. And if we can't find them in our
local area maybe we need to look other places but also, maybe we need to look towards
developing people for the future to help operate our local government and the local interest with
local people. I think there are a lot of ways to do that but I don't see much happening. But does
that make any sense...
SUPERVISOR RUSSELL: Sure. Absolutely.
MR. SCHWARTZ: That an express stated preference for local people...
SUPERVISOR RUSSELL: It doesn't need to be in the body of the proposed local law, a stated
preference for locals, that would be at the discretion of this Board or any future Board.
MR. SCHWARTZ: Couldn't that be put in the whereas clause or somewhere in the, you know,
the law is not just cut and dry, it's....
SUPERVISOR RUSSELL: It would not enhance the local law at all. Local preference, it's the
right of any Board to insist on a local preference. I don't think you need to put it in the body of
the proposed code. I don't think it serves any purpose. It's adding words for words sake.
MR. SCHWARTZ: I think it was Councilman Ruland this morning that said just because you
can do something doesn't mean you should but to say that, you know, you should consider the
local...
SUPERVISOR RUSSELL: Well, it is a good proposal then. We will take it under advisement.
Amendments to Chapter 42 page 4
February 24, 2015
MR. SCHWARTZ: I think would do a whole lot to negate any potential negative consequences
of this law.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on
this particular local law?
COUNCILMAN RULAND: I would like to leave the hearing open for two weeks in case
anyone would like to send us comment either electronically or any way, shape or form, having
seen this on channel 22. I don't think we are in a rush.
This hearing was recessed at 8:04 PM. Hearing was left open to receive further public comment
for two (2) weeks.
Eliza th A. Neville
Southold Town Clerk
#12106
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successfully commencing on the
19th day of February, 2015.
'Principal Clerk
Sworn to before me this day of 2015.
LEGAL NOTICE
NOTICE OF_IFUNLIC HEARING
WHEREAS, there has been pre-
sented to the Town Board of the
Town of Southold, Suffolk County,
New York, on the 10th day of Febru-
ary 2015, a Local Law entitled "A Lo-
cal Law in relation to Amendments to
Chapter 42, Officers and Employees,
in connection with Eligibility Require-
ments for Certain Town Offices" now,
therefore, be it
RESOLVED that the Town Board of
the Town of Southold will hold a public
hearing on the aforesaid Local Law at
Southold Town Hall, 53095 Main Road,
Southold, New York, on the 24th day
of February, 2015, at 7:32 p.m. at which
time all interested persons will be given
an opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to Amend-
ments to Chapter 42, Officers and Em-
ployees, in connection with Eligibility
Requirements for Certain Town Of-
fices" reads as follows:
LOCAL LAW NO. 2015
A Local Law entitled, "A Local Law
in relation to Amendments to Chapter
42, Officers and Employees, in connec-
tion with Eligibility Requirements for
Certain Town Offices".
BE IT ENACTED by the Town
Board of the Town of Southold as fol-
lows:
I. Purpose
To broaden the residency require-
ment set forth in the Town Law and
the Public Officer's Law to expand the
pool of qualified candidates for certain
Town offices.
II. Chapter 42 of the Code of the
Town of Southold is hereby amended
as follows:
ARTICLE III Residency .
Requirements
§42.9 Supersession of Town Law
and Enactment Aut o i
This Article is enacted pursuant to
Municipal Home Rule Law §10(1)(ii)
(a)71) and is intended to supersede
Town Law §23(1) and Public Officer'
Law §3(1) relating to the qualification
of Town officers. .
§4210 E111SM11 RgOdMments for
Certain Town Officers.
Every officer WW_%M40_ h-
old, except elective 01,1111cers, shall, at
the time of his or her aPPoietasent and
throughout his or her term of office, be
an elector and resident of the County
of Suffolk. For the purposes of this
Article, the term "officer" shall not be
construed to include appointed mem-
bers of Town administrative boards.
III. SEVERABILITY
If any clause, sentence, paragraph,
section, or part of this Isocal Law shall
be adjudged by any court of competent
jurisdiction to be invalid, the judgment
shall not affect the validity of this law
as a whole or any part thereof other
than the part so decided to be uncon-
stitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect im-
mediately upon filing with the Secre-
tary of State as provided by law.
121064T 2/19
CHRISTINA VOLINSKI
NOTARY PUBLIC -STATE OF NEW YORK
No. 01V06105050
Qualified In Suffolk County
My Commission Expires February 28, 2016
SUMMARY OF LUAMENDMENTS TO CHAPTER 42
ELIGIBILITY REQUIREMENTS FOR CERTAIN TOWN OFFICES
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS
EVENING'S PUBLIC HEARING AMENDS CHAPTER 42 ENTITLED
"OFFICERS AND EMPLOYEES" TO BROADEN THE RESIDENCY
REQUIREMENT SET FORTH IN THE TOWN LAW AND THE
PUBLIC OFFICER'S LAW TO EXPAND THE POOL OF QUALIFIED
CANDIDATES FOR CERTAIN TOWN OFFICES.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE
FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE
TOWN'S WEBSITE.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the 12`h day of February , 2015, she affixed a notice
of which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
A Local Law in relation to Amendments to Chapter 42
lizabeth A. eville
Southold Town Clerk
Sworn before,= Aiis
_ day of , 2015.
otary Public
LYNDA M. RUDDER
Notary Public, State of New York
No. 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8, 20„d
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 10th day of February 2015, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility
Requirements for Certain Town Offices" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the
24th day of February, 2015, at 7:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42,
Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices"
reads as follows:
LOCAL LAW NO. 2015
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and
Employees, in connection with Eligibility Requirements for Certain Town Offices".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to
expand the pool of qualified candidates for certain Town offices.
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
442.9. Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law &10(1)(ii)(a21) and is intended to
supersede Town Law §23(1) and Public Officer's Law 0(1) relating to the qualification of
Town officers.
442.10. Eligibility Requirements for Certain Town Officers.
Every officer of the Town of Southold, except elective officers, shall, at the time of his or her
appointment and throughout his or her term of office, be an elector and resident of the County of
Suffolk. For the purposes of this Article, the term "officer" shall not be construed to include
appointed members of Town administrative boards.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Please publish in the FEBRUARY 19, 2015 edition of the Suffolk Times and provide one (1)
affidavit of publication to Southold Town Clerk Elizabeth A. Neville, PO Box 1179, Southold,
NY 11971
Town Board Town Attorney Town Clerk Bulletin Board
Southold Town Board - Letter
�gUfFa�C
O�M
� f
Board Meeting of February 10, 2015
RESOLUTION 2015-189
ADOPTED
Item # 6.51
DOC ID: 10567
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-189 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 10, 2015:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 10th day of February 2015, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 42, Officers and Employees, in connection with
Eligibility Requirements for Certain Town Offices" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th
day of February, 2015, at 7:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42,
Officers and Employees, in connection with Eligibility Requirements for Certain Town
Offices" reads as follows:
LOCAL LAW NO. 2015
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and
Employees, in connection with Eligibility Requirements for Certain Town Offices".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to
expand the pool of qualified candidates for certain Town offices.
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
§42.9. Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law § I 0(1)(ii)(a)(1) and is intended to
supersede Town Law §23(1) and Public Officer's Law §3(1) relating to the qualification of
Town officers.
Generated February 11, 2015 Page 71
Southold Town Board - Letter Board Meeting of February 10, 2015
&42.10. Eligibility Requirements for Certain Town Officers.
Every officer of the Town of Southold except elective officers, shall, at the time of his or her
appointment and throughout his or her term of office be an elector and resident of the County of
Suffolk. For the purposes of this Article the term "officer" shall not be construed to include
appointed members of Town administrative boards.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell
NAYS: Robert Ghosio
Generated February 11, 2015 Page 72
Hydell, Carol
From: Rudder, Lynda
Sent: Friday, February 13, 2015 9:52 AM
To: Hydell, Carol
Subject: FW: for publication - Art 42
please print this out and put it on my desk with the notice, thanks
From: Cerria Torres [ctorres@timesreview.com]
Sent: Friday, February 13, 2015 9:07 AM
To: Rudder, Lynda; Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely,
Stephen; Krauza, Lynne; Louisa Evans; Michaelis, Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;
Tomaszewski, Michelle; Tracey Doubrava; William Ruland
Subject: Re: for publication - Art 42
This notice has been scheduled to publish in the Suffolk Times on 2/19/15.
Thank you
T,MEs ..
K *avow
MEM GRCW
Cerria Torres
Display Ad Coordinator
631.354.8011 (D)
ctorres _times review. corn
legals timesreview.com
www.timesreview.com
From: <Rudder>, Lynda Rudder <Iynda.rudder@town.southold.nv.us>
Date: Friday, February 13, 2015 6:54 AM
To: Jim Dinizio <iim@iamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman, John"
<John.Cushman@town.southold.ny.us>, "Doherty, Jill" <iill.doherty@town.southold.ny.us>, "Finnegan, Martin"
<martin.finnegan@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Kiely, Stephen"
<stephen.kiely@town.southold.nv.us>, "Krauza, Lynne"<Ivnne.krauza@town.southold.ny.us>, Louisa Evans
<lpevans06390@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd"
<Lloyd.Reisenberg@town.southold.nv.us>, "Russell, Scott" <Scott.Russell @town.southold.ny. us>, "Standish, Lauren"
<Lauren.Standish(a@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, Times Review
<tdoubrava@timesreview.com>, William Ruland <rulandfarm@vahoo.com>
Subject: for publication - Art 42
Please publish in the 2/19/15 edition of the Suffolk Times and the town website
Hydell, Carol
From: Lynda <Irudderl@optonline.net>
Sent: Friday, February 13, 2015 9:53 AM
To: Hydell, Carol
Subject: FW: for publication - Art 42
This one too please
-----Original Message -----
From: Rudder, Lynda [ma iIto: lynda.rudder@town.southold.ny.us]
Sent: Friday, February 13, 2015 9:18 AM
To: Irudderl@optonline.com
Subject: FW: for publication - Art 42
From: Reisenberg, Lloyd
Sent: Friday, February 13, 2015 9:17:53 AM (UTC -05:00) Eastern Time (US &
Canada)
To: Rudder, Lynda
Subject: RE: for publication - Art 42
Posted
Lloyd H. Reisenberg
Network and Systems Administrator
Town of Southold, New York
www.southoldtownny.gov
Iloydr@southoldtownny.gov
0: 631-765-18911 M:631-879-1554 I F: 631-765-5178
CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/or legally privileged information. It is solely for the use
of the intended recipient(s). Unauthorized interception, review, use or
disclosure is prohibited and may violate applicable laws including the
Electronic Communications Privacy Act. If you are not the intended
recipient, please contact the sender and destroy all copies of the
communication.
-----Original Message -----
From: Rudder, Lynda
Sent: Friday, February 13, 2015 6:55 AM
To: Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan,
Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Michaelis,
Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski,
Michelle; Tracey Doubrava (tdoubrava@timesreview.com); William Ruland
Subject: for publication - Art 42
Rudder, Lynda
From: Reisenberg, Lloyd
Sent: Friday, February 13, 2015 9:18 AM
To: Rudder, Lynda
Subject: RE: for publication - Art 42
Posted
Lloyd H. Reisenberg
Network and Systems Administrator
Town of Southold, New York
www.southoldtownny.gov
Iloydr@southoldtownny.gov
0: 631-765-1891 1 M:631-879-1554 I F: 631-765-5178
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
-----Original Message -----
From: Rudder, Lynda
Sent: Friday, February 13, 2015 6:55 AM
To: Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne;
Louisa Evans; Michaelis, Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey
Doubrava (tdoubrava@timesreview.com); William Ruland
Subject: for publication - Art 42
Please publish in the 2/19/15 edition of the Suffolk Times and the town website
Rudder, Lynda
From: Cerria Torres <ctorres@timesreview.com>
Sent: Friday, February 13, 2015 9:08 AM
To: Rudder, Lynda; Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin;
Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Michaelis, Jessica; Reisenberg,
Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey Doubrava; William
Ruland
Subject: Re: for publication - Art 42
This notice has been scheduled to publish in the Suffolk Times on 2/19/15.
ThrT,.,,
nk you
REVIEW
MEv A GROU
Cerria Torres
Display Ad Coordinator
631.354.8011 (D)
ctorres timesreview.corn
legals timesreview.com
www.timesreview.com
From: <Rudder>, Lynda Rudder <Ivnda.rudder@town.southold.nv.us>
Date: Friday, February 13, 2015 6:54 AM
To: Jim Dinizio <iim@iamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman, John"
<John.Cushman@town.southold.nv.us>, "Doherty, Jill" <iill.doherty@town.southold.nv.us>, "Finnegan, Martin"
<martin.finnegan@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, "Kiely, Stephen"
<Stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <Ivnne.krauza@town.southold.nv.us>, Louisa Evans
<Ipevans06390@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd"
<Lloyd.Reisenberg@town.southold.ny. us>, "Russell, Scott" <Scott.Russe ll@town.southo Id. nv.us>, "Standish, Lauren"
<Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, Times Review
<tdoubrava@timesreview.com>, William Ruland <rulandfarm@vahoo.com>
Subject: for publication - Art 42
Please publish in the 2/19/15 edition of the Suffolk Times and the town website
Rudder, Lynda
From: ersupp <ersupp@generalcode.com>
Sent: Tuesday, March 17, 2015 11:15 AM
To: Rudder, Lynda
Subject: RE: Emailing: LL # 2.docx, LL # 1.docx
Thank you for your e-mail. If you are sending legislation for your Code project or your next Code Supplement, it will be
processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your
inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service.
General Code
1-800-836-8834
ersupp(c)genera [code.com
Rudder, Lynda
From: ersupp <ersupp@generalcode.com>
Sent: Tuesday, March 17, 2015 11:15 AM
To: Rudder, Lynda
Subject: RE: Emailing: LL # 2.docx, LL # 1.docx
Thank you for your e-mail. If you are sending legislation for your Code project or your next Code Supplement, it will be
processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your
inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service.
General Code
1-800-836-8834
ersupp(d)generalcode.com
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
o�oSUFFot�-�oG
o� y�
y Z
l
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 18, 2015
Express Mail EI1509? 4563US
RE: Local Law No. 1 & 2 of 2015
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Dear Ms. Lasch:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
www.southoldtownny.gov
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 1 & 2 of 2015 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
2 Town of
❑ Village
Local Law No.
SOUTHOLD
of the year 2015 .
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in
connection with Eligibility Requirements for Certain Town Offices".
Be it enacted the Town Board of the:
❑ County
❑ City
El Town of SOUTHOLD
❑ Village
Purpose
To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to expand the
pool of qualified candidates for certain Town offices.
II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows:
ARTICLE III. Residency Requirements
§42-9. Supersession of Town Law and Enactment Authority.
This Article is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1) and is intended to supersede
Town Law §23(1) and Public Officer's Law §3(1) relating to the qualification of Town officers.
§42-10. Eligibility Requirements for Town Attorney.
The Town Attorney of the Town of Southold shall, at the time of his or her appointment and throughout his or
her term of office, be an elector and resident of the County of Suffolk.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 15 . of the
(Geunty)((Town) P;=�) of SOUTHOLD was duly passed by the
TOWN BOARD on March 10 , 20 15 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re -passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No.
of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on
disapproval) by the
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
_20 , and was (approved)(not approved)(re-passed after
and was deemed duly adopted on 20
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
�a"' - A.7 -Ig 0'. -(2"
Clerk oft County legislative body. City. Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: March 17, 2015
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
f 7 11
Signature
Stephen F. Kiely, Assistant Town Attorney
Title
Gity
Town of SOUTHOLD
Date: March 17, 2015